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Question
Owner's will devises Blackacre "to my friend Alex for life, then to my niece Nora, but if Nora is not licensed as a physician when Alex dies, then to my nephew Omar." When Owner dies, Alex, Nora, and Omar are alive. Nora has completed medical school but is not yet licensed. Nora then dies before Alex, leaving all property to Nora's spouse. At Nora's death, Nora still is not licensed. After Nora's death but before Alex's death, the medical board posthumously grants Nora a license based on completed requirements. Alex then dies.
Nora's spouse argues that Nora received a vested remainder when Owner died and that it passed through Nora's estate. Omar argues that Nora's interest was contingent on being licensed when Alex died and that Omar takes because Nora did not personally survive to enjoy the property. Nora's spouse replies that the licensing language was a condition subsequent that was satisfied before Alex died.
Classify Nora's and Omar's interests when Owner died, and determine who takes Blackacre when Alex dies.